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anil Kumar (Hr)     07 December 2019

Muslim second marriage

Dear experts

I'm Muslim by religion .I have married a SC girl in 2011 as per Muslim marriage act.we have two children. every time my wife leaves house for simple issues and files police cases on me . several times happened like this .but again now also she and her parents torturing me like anything.so it's very difficult to get divorce from her ..so my question is can I marry Muslim widow ,as I'm fed up with my wife,I can't bear this torture anymore.is consent required from first wife for second marriage.?will it legally be valid if I marry another woman.pls GV ur valuable suggestions regarding the practice of polygamy..


Learning

 12 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     07 December 2019

It will become bigamy.  so file divorce petition in a court of law or talaq.

Dr J C Vashista (Advocate)     08 December 2019

It is advisable to consult a local prudent lawyer for proper analyses of facts / documents, professional advise, guidance and guidance. 

"Anil Kumar " is Muslim name, if it is true ?

Shashi Dhara   08 December 2019

You can marry up to four if u r not govt employee.with best wishes. God shall save you.

Vijaya Sarathi   08 December 2019

better you may file divorce petition .

cyberlawyer (barrister)     08 December 2019

If you are a Muslim, then yes. You need not get the consent of your first wife. But think twice before you act. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 December 2019

While polygamy was in prohibition after Section 494 and 495 of the Indian Penal Code of 1860 came into effect.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 December 2019

While polygamy was in prohibition after Section 494 and 495 of the Indian Penal Code of 1860 came into effect.

Suraj123456789 (Other)     10 December 2019

I think anil Kumar is another name to hide identity. Isn't it?

Nitya Gupta   27 January 2020

Dear Sir Your name i.e. Anil Kumar is a Hindu name. If you have converted to Hinduism, in that case you can not marry again as bigamy is a crime under sections 494 and 495 of Indian Penal Code, 1860. Also, as per section 11 of Hindu Marriage Act, 1955 bigamy is void. So even if you marry again, it wouldn't be considered a valid marriage until you divorce your first wife. Also you would be punished for the same. If you are a Muslim, in that case you can validly marry another woman. According to Muslim law, if a man is able to take a second wife, physically and financially, and he can treat both wives in a just manner, and he wants to, then he is allowed to do so according to Islam. You don't need to ask for your first wife's consent legally but you can if you want to. Hope this answers your question.

adiga   31 January 2020

Hi

 Thank you for your question.

In Islam, monogamy is the general rule but polygamy is only exception. According to Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time. The second marriage by a Muslim is not an offence under section 494 of the Indian penal code, 1860. Consent of your first wife is not required .

Regards

Adiga

adiga   31 January 2020

Hi

 Thank you for your question.

In Islam, monogamy is the general rule but polygamy is only exception. According to Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time. The second marriage by a Muslim is not an offence under section 494 of the Indian penal code, 1860. Consent of your first wife is not required .

Regards

Adiga

Akshay (Advocate)     29 March 2020

Hi

As a Muslim you can do that  and you may need not to take permission from your first wife, but i would suggest you to think before your action because you already having two childeren and again marriage still an expense in itself .

Hope this will help you

Best regards,

Akshay Gupta


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